Who may petition the People’s Advocate Institution?
What petitions are within the competence of the People’s Advocate Institution?
What petitions do not fall within the competence of the People’s Advocate Institution?
What should include a petition addressed to the People’s Advocate Institution?
When can I contact the People’s Advocate?
How can I send a petition to the People’s Advocate Institution?
Where do I send my petition?
Do I have to pay a fee in order to address the People’s Advocate Institution?
Could the sentenced, arrested or detained persons, minors in the re-education centers address the People’s Advocate Institution, in any way, without any restriction?
Could the persons performing military duties address the People’s Advocate Institution, in any way, without any restriction?
How can I address the People’s Advocate Institution?
What happens if I send several petitions which refer to the same problem?
Who may petition the People’s Advocate Institution?
- any individual irrespective of his/her citizenship, age, sex, political affiliation or religious belief
- companies
- associations
- other legal entities
What petitions are within the competence of the People’s Advocate Institution?
Are the subject of petitioning the public authorities’ administrative acts and facts and the public corporations (autonomous stage management) acts which violate the rights and freedoms of individuals.
Are assimilated to administrative acts:
- the silence of the public administration bodies
- the delay in issuing documents
What petitions do not fall within the competence of the People’s Advocate Institution?
Petitions concerning the following acts cannot be subjected to the People’s Advocate Institution and shall be rejected without motivation:
- the acts issued by the Chamber of Deputies, the Senate or by the Parliament
- the acts and facts of deputies and senators
- the acts and facts of the President of Romania
- the acts and facts of the Constitutional Court
- the acts and facts of the President of the Legislative Council
- the acts and facts of the judicial authorities
- the acts and facts of the Government – except laws and ordinances.
What should include a petition addressed to the People’s Advocate Institution?
Petition shall contain the following elements:
- the name and address of the aggrieved individual in his/her rights and freedoms
- the rights and freedoms violated
- the name of the administrative authority or the public servant involved
- the proof of the public administration’s delay or refusal to deal with the petition according to the law.
When can I contact the People’s Advocate?
Petitions directed against violations of individuals’ rights and freedoms through acts or facts of the public administrative authorities shall be brought to the People’s Advocate Institution no latter than one year since the violation took place or the person concerned learned about those facts.
How can I send a petition to the People’s Advocate Institution?
Petitions must be done in writing.
Petitions may be sent by:
- fax
Or, petitions may be submitted personally or by delegate, to the headquarter registration office or to the territorial offices.
If the petitions sent by e-mail do not contain petitioner’s identification data, these will be requested by e-mail also. If the requested identification data is not provided, the petition will be considered anonymous.
If the petition is submitted by mandatory, you should mention his/her identification data.
For well-grounded reasons, the petitioner may introduce his petition orally or through the dispatch service, which will be recorded by the person providing the audience or the dispatch service, as appropriate.
Where do I send my petition?
- petitions sent by post or personally submitted at: headquarter of the institution or Territorial Offices.
- petitions sent by e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
- petitions sent by fax: + 4021 312 49 21
Do I have to pay a fee in order to address the People’s Advocate Institution?
Petitions submitted to the People’s Advocate Institution are exempted from stamp tax.
Could the sentenced, arrested or detained persons, minors in the re-education centres address the People’s Advocate Institution, in any way, without any restriction?
The administration of penitentiaries, re-education centres for minors, of penitentiary hospitals as well as the Public Ministry and the police bodies must allow, with no restriction whatsoever, to anyone who serves imprisonment or is, as the case may be, under arrest or kept in detention, as well as to minors who are in re-education centres, to address to the People’s Advocate in any possible way concerning a violation of his rights and freedoms, except for legal restraints.
Could the persons performing military duties address the People’s Advocate Institution, in any way, without any restriction?
The same obligation rests with the commanding officers of military units with respect to persons who serve their military duties, regarding infringements upon their rights and freedoms, except for legal restraints.
How can I address the People’s Advocate Institution?
1. in writing, by mail, e-mail, fax, or petitions may be submitted personally or by delegate, to the headquarter registration office or to the territorial offices
2. through the dispatch service
3. directly, with the occasion of the audiences program
Audiences are given by the specialized staff of the institution, at the institution headquarter and at the territorial offices.
Petitioners can be received in audience by the People’s Advocate and his deputies, according to the Regulation on the organization and functioning of the Institution.
What happens if I send several petitions which refer to the same problem?
If a person addressed several petitions, appreciating the same problem, they will be joined and the petitioner will receive one answer, making reference to all petitions received.
Renewed petitions on the same case which supply no further evidence will be archived without a response sent tothe petitioner.